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(영문) 서울고등법원 (춘천) 2016.05.25 2016노23
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the summary of the reasons for appeal (4 years of imprisonment) is too unreasonable.

Judgment

It is argued that it is possible to recover damage of KRW 183,00,000,000, such as insurance money paid by a fidelity guarantee insurance company, monthly pay and retirement pay of the defendant, Defendant's claim for provisional attachment of a house, and claim transfer amount to a third party, etc. However, except KRW 70,000,000 paid by a fidelity guarantee insurance company, there is no money actually paid to the victim and there is no record of criminal punishment heavier than that of the same criminal record and fine, and the amount of money paid by the defendant is repaid as alleged by the defendant.

B. Although there are favorable circumstances, such as the fact that part of the amount of damage was paid at the expense of the victim company, the defendant embezzled a large amount of money exceeding KRW 900 million for a long time exceeding three years and six months as a person in charge of the support for the company's company's company's employee. In order to avoid the awareness of the crime in the process, the nature and circumstances of the crime are very poor in light of the criminal law, such as forging a certified copy of the register as an official document and a lease contract, which is a private document, in order to avoid the awareness of the crime, and even excluding the amount paid at the expense of a part of the victim company, the damage amount is very large even if excluded from the amount paid by the expense of the victim company, and the damage amount was not paid by the victim company to the present day, and other unfavorable circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., it cannot be deemed unfair to reverse the sentence imposed by the court below.

In conclusion, the defendant's appeal is without merit, and therefore, Article 364 (4) of the Criminal Procedure Act.

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